7 | 7 | | Synopsis: Behavioral issues in schools. Permits a governing body of |
---|
8 | 8 | | a school corporation to establish a disruption policy concerning |
---|
9 | 9 | | student removal from and reentry to a classroom. Provides that a |
---|
10 | 10 | | principal, teacher, or school staff member may immediately remove a |
---|
11 | 11 | | disruptive student for a violation of school policy. Provides that a |
---|
12 | 12 | | principal must determine a disruptive student's placement. Provides |
---|
13 | 13 | | that a disruptive student who is removed from a classroom at least three |
---|
14 | 14 | | times during a 30 day period shall be considered chronically disruptive |
---|
15 | 15 | | and may be suspended. Requires that a disruption policy must be |
---|
16 | 16 | | included in certain written regulations. |
---|
17 | 17 | | Effective: July 1, 2024. |
---|
18 | 18 | | Smith V |
---|
19 | 19 | | January 9, 2024, read first time and referred to Committee on Education. |
---|
22 | 21 | | Second Regular Session of the 123rd General Assembly (2024) |
---|
23 | 22 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
---|
24 | 23 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
---|
25 | 24 | | additions will appear in this style type, and deletions will appear in this style type. |
---|
26 | 25 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
---|
27 | 26 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
---|
28 | 27 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
---|
29 | 28 | | a new provision to the Indiana Code or the Indiana Constitution. |
---|
30 | 29 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
---|
31 | 30 | | between statutes enacted by the 2023 Regular Session of the General Assembly. |
---|
32 | 31 | | HOUSE BILL No. 1262 |
---|
33 | 32 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
---|
34 | 33 | | education. |
---|
35 | 34 | | Be it enacted by the General Assembly of the State of Indiana: |
---|
36 | 35 | | 1 SECTION 1. IC 20-33-8-14, AS ADDED BY P.L.1-2005, |
---|
37 | 36 | | 2 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
38 | 37 | | 3 JULY 1, 2024]: Sec. 14. (a) The following are the grounds for student |
---|
39 | 38 | | 4 suspension or expulsion, subject to the procedural requirements of this |
---|
40 | 39 | | 5 chapter and as stated by school corporation rules: |
---|
41 | 40 | | 6 (1) Student misconduct. |
---|
42 | 41 | | 7 (2) Substantial disobedience. |
---|
43 | 42 | | 8 (3) Disruption under section 36 of this chapter. |
---|
44 | 43 | | 9 (b) The grounds for suspension or expulsion listed in subsection (a) |
---|
45 | 44 | | 10 apply when a student is: |
---|
46 | 45 | | 11 (1) on school grounds immediately before or during school hours, |
---|
47 | 46 | | 12 or immediately after school hours, or at any other time when the |
---|
48 | 47 | | 13 school is being used by a school group; |
---|
49 | 48 | | 14 (2) off school grounds at a school activity, function, or event; or |
---|
50 | 49 | | 15 (3) traveling to or from school or a school activity, function, or |
---|
51 | 50 | | 16 event. |
---|
52 | 51 | | 17 SECTION 2. IC 20-33-8-18, AS AMENDED BY P.L.155-2020, |
---|
54 | 53 | | 1 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
55 | 54 | | 2 JULY 1, 2024]: Sec. 18. (a) A principal may suspend a student for not |
---|
56 | 55 | | 3 more than ten (10) school days under section 14, 15, or 16, or 36 of |
---|
57 | 56 | | 4 this chapter. However, the student may be suspended for more than ten |
---|
58 | 57 | | 5 (10) school days under section 23 of this chapter. |
---|
59 | 58 | | 6 (b) A principal may not suspend a student before the principal |
---|
60 | 59 | | 7 affords the student an opportunity for a meeting during which the |
---|
61 | 60 | | 8 student is entitled to the following: |
---|
62 | 61 | | 9 (1) A written or an oral statement of the charges against the |
---|
63 | 62 | | 10 student. |
---|
64 | 63 | | 11 (2) If the student denies the charges, a summary of the evidence |
---|
65 | 64 | | 12 against the student. |
---|
66 | 65 | | 13 (3) An opportunity for the student to explain the student's |
---|
67 | 66 | | 14 conduct. |
---|
68 | 67 | | 15 (c) When misconduct requires immediate removal of a student, the |
---|
69 | 68 | | 16 meeting under subsection (b) must begin as soon as reasonably possible |
---|
70 | 69 | | 17 after the student's suspension. |
---|
71 | 70 | | 18 (d) Following a suspension, the principal shall send a written |
---|
72 | 71 | | 19 statement to the parent of the suspended student describing the |
---|
73 | 72 | | 20 following: |
---|
74 | 73 | | 21 (1) The student's misconduct. |
---|
75 | 74 | | 22 (2) The action taken by the principal. |
---|
76 | 75 | | 23 (e) If a student is suspended, the student is required to complete all |
---|
77 | 76 | | 24 assignments and school work assigned during the period of the |
---|
78 | 77 | | 25 student's suspension. The principal or the principal's designee shall |
---|
79 | 78 | | 26 ensure that the student receives: |
---|
80 | 79 | | 27 (1) notice of any assignments or school work due; |
---|
81 | 80 | | 28 (2) teacher contact information in the event the student has |
---|
82 | 81 | | 29 questions regarding the assignments or school work; and |
---|
83 | 82 | | 30 (3) credit, in the same manner that a student who is not suspended |
---|
84 | 83 | | 31 would receive, for any assignments or school work assigned |
---|
85 | 84 | | 32 during the period of the student's suspension that the student |
---|
86 | 85 | | 33 completes. |
---|
87 | 86 | | 34 A student may be allowed to make up missed tests or quizzes when the |
---|
88 | 87 | | 35 student returns to school. |
---|
89 | 88 | | 36 SECTION 3. IC 20-33-8-36 IS ADDED TO THE INDIANA CODE |
---|
90 | 89 | | 37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
91 | 90 | | 38 1, 2024]: Sec. 36. (a) The governing body of a school corporation |
---|
92 | 91 | | 39 may establish a disruption policy concerning student removal from |
---|
93 | 92 | | 40 and reentry to a classroom if a student: |
---|
94 | 93 | | 41 (1) disrupts the educational function of the classroom; or |
---|
95 | 94 | | 42 (2) challenges the authority of school corporation personnel |
---|
97 | 96 | | 1 who are supervising the classroom. |
---|
98 | 97 | | 2 (b) A principal, teacher, or school staff member may |
---|
99 | 98 | | 3 immediately remove a disruptive student from a classroom setting |
---|
100 | 99 | | 4 for a violation of a policy under subsection (a). |
---|
101 | 100 | | 5 (c) A principal shall determine the placement of a disruptive |
---|
102 | 101 | | 6 student removed from a classroom under subsection (b). Placement |
---|
103 | 102 | | 7 of a student may include: |
---|
104 | 103 | | 8 (1) another classroom in the school; |
---|
105 | 104 | | 9 (2) an alternative program; or |
---|
106 | 105 | | 10 (3) a virtual program. |
---|
107 | 106 | | 11 (d) A disruptive student who is removed under subsection (b) at |
---|
108 | 107 | | 12 least three (3) times within a thirty (30) day period shall be |
---|
109 | 108 | | 13 considered chronically disruptive and may be suspended. |
---|
110 | 109 | | 14 (e) A policy adopted under subsection (a) must be included in |
---|
111 | 110 | | 15 any written regulations created under section 10 of this chapter. |
---|